HomeMy WebLinkAboutJune 03, 2021 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM
COUNCIL MEETING MINUTES
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers
Thursday, June 3, 2021
7:00 p.m.
6:45 p.m. Committee of Adjustment
A. Gerhard Blatz
The June 3, 2021 Council Meeting was held virtually via Zoom and livestreamed on
YouTube.
PRESENT:
MAYOR
DEPUTY MAYOR
COUNCILLORS
STAFF PRESENT:
CAOICLERK
DEPUTY CLERK
DEPUTY CLERKIPLANNING COORDINATOR
TREASURER
FIRE CHIEFIBYLAW ENFORCEMENT OFFICER
MANAGER OF PUBLIC WORKS
CALL TO ORDER
Mayor Ketchabaw called the meeting to order at 7:00 p.m.
ED KETCHABAW
RAINEY WEISLER
C. VALERIE DONNELL
DANFROESE
SUSAN CHILCOTT
THOMAS THAYER
BRENDA GIBBONS
MARGARET UNDERHILL
LORNE JAMES
HARRY BARANIK
STEVE ADAMS
DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
Councillor Froese declared an interest in item 10.2-C as the application deals with his lands.
3. REVIEW OF ITEMS NOT LISTED ON AGENDA
A. PROCEDURAL MOTION
Moved by: Councillor Donnell
Seconded by: Councilor Chilcott
THAT Section 6.15.1(K) of the Municipality of Bayham Procedural By- law be suspended
for the duration of the June 3, 2021 Meeting of Council due to the functional abilities of the
electronic meeting platform.
A recorded vote was held on the Procedural Motion:
Member of Council
Councillor C. Valerie Donnell
Councillor Dan Froese
Councillor Susan Chilcott
Deputy Mayor Rainey Weisler
Mayor Ed Ketchabaw
YES
X
x
NO
CARRIED
2021 Council Minutes
June 3, 2021
B. Confidential Item re litigation or potential litigation, including matters before administrative
tribunals, affecting the municipality or local board (Gas Tax Properties) added as Item 14.1-
H
4. ANNOUNCEMENTS
A. Mayor Ketchabaw announced the Province has now emerged from the Stay -At -Home
Order, however all other restrictions are still in place. In that regard he reminded everyone
to follow existing guidelines and Stay Safe and Stay Apart.
B. Mayor Ketchabaw announced June 15, 2021 is World Elder Abuse Awareness Day.
C. Mayor Ketchabaw announced there will be another pop-up vaccination clinic August 12,
2021 at the Port Burwell Firehall. The first one was very well attended.
D. Mayor Ketchabaw thanked all Community Volunteers and made special mention of Carter
Neville who cleaned up the Vienna Skate Park.
5. DELEGATIONS
6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S)
A. Council Meeting held May 20, 2021
B. Statutory Planning Meeting held May 20, 2021 re Zoning Amendment Dan Froese Farms
Inc. and George and Susie Guenther
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Donnell
THAT the minutes of the Council Meeting held May 20, 2021 be amended to include
discussion regarding 11.1.1-F;
AND THAT the minutes of the Council Meeting held May 20, 2021 be adopted as amended
DEFEATED
Moved by: Councillor Donnell
Seconded by: Councillor Chilcott
THAT the minutes of the Council Meeting held May 20, 2021 and the Statutory Planning
Meeting held May 20, 2021 be adopted.
CARRIED
7. MOTIONS AND NOTICE OF MOTION
8. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT
8.1 Correspondence
8.1.1 Receive for Information
2021 Council Minutes
8.1.2 Requiring Action
8.2 Reports to Council
9. PHYSICAL SERVICES — EMERGENCY SERVICES
9.1 Correspondence
9.1.1 Receive for Information
9.1.2 Requiring Action
9.2 Reports to Council
10. DEVELOPMENT SERVICES — SUSTAINABILITY AND CONSERVATION
10.1 Correspondence
10.1.1 Receive for Information
June 3, 2021
A. Notice of Committee of Adjustment Decision Minor Variance A-08/21 David and Deborah
Andrews, 55868 Second Street, Straffordville
B. Notice of Committee of Adjustment Decision Minor Variance A-09/21 Brandon and
Jennifer Dyck, 9233 Richmond Road, Richmond
C. Notice of Committee of Adjustment Decision Minor Variance A-10/21 Bernhardt and
Maria Giesbrecht, 10580 Culloden Road, North Hall
D. Notice of Passing of Zoning By-law No. Z726-2021 Timothy and Samantha Harms, 8542
Plank Road, Straffordville
E. Notice of Public Meeting re Proposed Minor Variance A-11/21— Gerhard Blatz, 16
Elizabeth Street, Port Burwell
Moved by: Councillor Froese
Seconded by: Councillor Chilcott
THAT correspondence item 10.1.1-A - 10.1.1-E be received for information.
CARRIED
10.1.2 Requiring Action
10.2 Reports to Council
A. Report DS-34/21 by Margaret Underhill, Deputy ClerklPlanning Coordinator re Site Plan
Agreement — Port Burwell Periscope Playhouse Inc. Approval By-law No. 2021-034
Moved by: Councillor Chilcott
Seconded by: Councillor Donnell
THAT Report DS-34/21 regarding the Port Burwell Periscope Playhouse Inc. Site Plan
Agreement be received;
AND THAT By-law No. 2021-034 being a By-law to rescind By-law No. 2021-015 and to
3
2021 Council Minutes June 3, 2021
authorize the execution of a Site Plan Agreement between Port Burwell Periscope
Playhouse Inc. and the Municipality of Bayham for development at the property known
as 42 Wellington St., Port Burwell be presented for enactment.
CARRIED
E_ Report DS-35/21 by Margaret Underhill, Deputy ClerklPlanning Coordinator re County of
Elgin Development Charges Background Study
Moved by: Councillor Donnell
Seconded by: Deputy Mayor Weisler
THAT Report DS-35/21 regarding the County of Elgin Development Charges
Background Study be received for information;
AND THAT Staff be directed to draft correspondence to the County of Elgin identifying
Bayham's concerns with respect to the impact of development charges on potential
development.
CARRIED
C. Report DS-36/21 by Margaret Underhill, Deputy ClerklPlanning Coordinator re Rezoning
Application — Dan Froese Farms Inc. Zoning By-law No. Z728-2021
Councillor Froese did not take part in discussion or vote on this Item
Moved by: Councillor Chilcott
Seconded by: Councillor Donnell
THAT Report DS-36/21 regarding the Dan Froese Farms Inc. rezoning application be
received for information;
AND THAT pursuant to Planning Act Regulations Bill 73 Smart Growth for our
Communities Act, 2015, it be pointed out that at the public participation meeting held May
20, 2021 associated with this application, there were no written submissions and no oral
presentations regarding this matter and that all considerations were taken into account in
Council's decision passing this resolution;
AND THAT Zoning By-law Z456-2003, as amended, be further amended by changing
the zoning on the lands owned by Dan Froese Farms Inc. identified as 7462 Plank Road
from Agricultural (Al) Zone to site -specific Agricultural (A1-40) Zone to permit a farm
produce outlet in a permanent building to a maximum indoor ground floor area of 260.0
m2 (2798 ft2) and unenclosed maximum ground floor are of 92 m2 (1000 ft2) with
ancillary retail sales;
AND THAT Zoning By-law Z728-2021 be presented to Council for enactment.
D Report DS-37/21 by Margaret Underhill, Deputy ClerklPlanning Coordinator re Rezoning
Application — Guenther Zoning By-law No. Z727-2021
2021 Council Minutes June 3, 2021
Moved by: Councillor Froese
Seconded by: Deputy Mayor Weisler
THAT Report DS-37/21 regarding the Guenther rezoning application be received for
information;
AND THAT pursuant to Planning Act Regulations Bill 73 Smart Growth for our
Communities Act, 2015, it be pointed out that at the public participation meeting held May
20, 2021 associated with this application, there were no written submissions and no oral
presentations regarding this matter and that all considerations were taken into account in
Council's decision passing this resolution;
AND THAT Zoning By-law Z456-2003, as amended, be further amended by changing
the zoning on the lands owned by George and Susie Guenther identified as 53768
Heritage Line from Agricultural (Al) Zone to site -specific Agricultural (A1-39 Zone and
from Hamlet Residential (HR) Zone to site -specific Hamlet Residential (HR-12) Zone to
permit one (1) single -detached dwelling where a new dwelling is not permitted in Section
5.2; zero (0) lot frontage; reduced lot area of 0.85 ha; maximum accessory building floor
area of 115 m2, for the Al zoned portion and to prohibit new single -detached dwellings
and accessory use buildings in the HR zoned portion of the subject lands;
AND THAT Zoning By-law Z727-2021 be presented to Council for enactment.
CARRIED
11. FINANCE AND ADMINISTRATION
11.1 Correspondence
11.1.1 Receive for Information
C Karen Vecchio, MP Elgin -Middlesex -London, Municipality of Calvin, Municipality of Grey
Highlands, City of Barrie and Township of Burpee and Mills re 988 crisis line initiative
(deferred from May 20, 2021 Council Meeting)
L) Town of Plympton-Wyoming re Prohibition on golfing and any other outdoor recreational
activities
E. Municipality of West Elgin re Phragmites
F. Township of Brock and Municipality of Calvin re Dead -End Road Delegations
G. Township of Terrace Bay re Advocacy for Reform MFIPPA
H. Municipality of Calvin re Alcohol and Gaming of Ontario Additional Licensing
I. Municipality of York re Timing of Step 1 of the Provincial Roadmap to Reopen
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Donnell
THAT correspondence item 11.1.1-A — 11.1.1-G be received for information.
2021 Council Minutes June 3, 2021
CARRIED
11.1.2 Requiring Action
A. FB Connect on behalf of Xplornet Communications re Proposed Communication
Installation at 11404 Culloden Road, Brownsville
Moved by: Councillor Donnell
Seconded by: Councillor Chilcott
THAT correspondence from FB Connect on behalf of Xplornet Communications be
received for information;
AND THAT the Council of the Corporation of the Municipality of Bayham approves the
proposed 45.0 metre tall lite duty steel lattice style communication tower and related
radio equipment on private property at 11404 Culloden Road, Brownsville, Ontario;
AND THAT a formal Statement of Concurrence be submitted to FB Connect.
CARRIED
11.2 Reports to Council
A. Report CAO-10/21 by Thomas Thayer, CAOICIerk re Bus Stops on Dead -End Streets —
Follow up to Council Correspondence Received May 6, 2021
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Donnell
THAT Report CAO-10/21 re Bus Stops on Dead -End Streets — Follow-up to Council
Correspondence Received May 6, 2021 be received for information.
CARRIED
B. Report CAO-11/21 by Thomas Thayer, CAOICIerk re Household Large Items &
Hazardous Waste — Follow up to Report PS-05/21
Moved by: Councillor Froese
Seconded by: Councillor Donnell
THAT Report CAO-11/21 re Household Large Items & Hazardous Waste — Follow-up to
Report PS-05/21 be received;
AND THAT Staff proceed with the education and communication plan as identified in
Report CAO-11/21;
AND THAT Staff proceed to procure signage and 4 trail cams for trial enforcement.
CARRIED
2021 Council Minutes
June 3, 2021
C. Report CAO-12/21 by Thomas Thayer, CAOICIerk re COVID-19 Operational Update
Moved by: Councillor Froese
Seconded by: Councillor Chilcott
THAT Report CAO-12/21 re COVID-19 Operational Update be received for information.
CARRIED
12. BY-LAWS
A. By-law No. Z727-2021 Being a by-law to further amend By-law No. Z456-2003 —
Guenther (This by-law follows the recommendation in Report DS-37121 by Margaret
Underhill, Deputy Clerkj Planning Coordinator during the regular meeting of June 3,
2021)
b By-law No. Z728-2021 Being a by-law to further amend By-law No. Z456-2003 — Dan
Froese (This by-law follows the recommendation in Report DS-36121 by Margaret
Underhill, Deputy Clerkl Planning Coordinator during the regular meeting of June 3,
2021)
C. By -Law No. 2021-034 Being a by-law to authorize the execution of a Site Plan
Agreement between Port Burwell Periscope Inc. and The Corporation of the Municipality
of Bayham (This by-law follows the recommendation in Report DS-34121 by Margaret
Underhill, Deputy ClerklPlanning Coordinator during the regular meeting of June 3,
2021)
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT By-law No. Z727-2021, By-law No. Z728-2021 and By-law No. 2021-034 be read
a first, second and third time and finally passed.
CARRIED
13. UNFINISHED BUSINESS
14. OTHER BUSINESS
14.1 In Camera
Moved by: Councillor Donnell
Seconded by: Deputy Mayor Weisler
THAT the Council do now rise to enter into an "In Camera" Session at 8:24 p.m. to
discuss:
• personal matters about an identifiable individual, including municipal or local
board employees
litigation or potential litigation, including matters before administrative tribunals,
affecting the municipality or local board
2021 Council Minutes June 3, 2021
CARRIED
A. Confidential Report re personal matters about an identifiable individual, including
municipal or local board employees (Museum Board)
B. Confidential Verbal Item re litigation or potential litigation, including matters before
administrative tribunals, affecting the municipality or local board (Gas Tax Properties)
14.2 Out of Camera
Moved by: Councillor Donnell
Seconded by: Councillor Chilcott
THAT the Council do now rise from the "In Camera" session at 8:42 pm and report on
Closed Session Item A. personal matters about an identifiable individual, including board
employees (Museum Board)
C 9
Moved by: Councillor Froese
Seconded by: Deputy Mayor Weisler
THAT Confidential Report CAO-13/21 re: Personal Matters about an Identifiable
Individual (Museum Board) be received for information.
CARRIED
Moved by: Councillor Donnell
Seconded by: Councillor Froese
THAT the verbal information presented by Lorne James, Treasurer re: Litigation or
potential litigation affecting the municipality (Gas Tax Properties) be received for
information.
CARRIED
15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL
A. By-law No. 2021-036 Being a by-law to confirm all actions of Council
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT Confirming By -Law No. 2021-036 be read a first, second and third time and finally
passed.
CARRIED
2021 Council Minutes
Moved by: Councillor Donnell
Seconded by: Councillor Froese
THAT the Council meeting be adjourned at 8:44 p.m.
CARRIED
YOR
June 3, 2021
9